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NLRB: You may discipline for many employee online postings

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in Firing,HR Management,Human Resources

by Amy G. McAndrew and Jamie Labukas, Esqs.

Is it unlawful for a restaurant to fire a bartender who gripes to a co-worker about wages and complains on Facebook about the restaurant’s tip-sharing policy?

Would an employee be protected from termination after commenting to Facebook friends about her employer’s clients?

If a retail employee posts online complaints about her bosses, and co-workers commiserate, would that constitute protected concerted activity?

Treading carefully on today’s uncertain social media terrain, many employers might hesitate to punish employees in those situations. But the National Labor Relations Board (NLRB) recently found in all three scenarios that employers didn’t violate the National Labor Relations Act (NLRA) when they terminated or disciplined the employees.

On Facebook, tipping point   

In the first NLRB case—JT’s Porch Saloon and Eatery, Ltd.—the employee was a bartender at a restaurant that f...(register to read more)

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